In the present case, the suit for maintenance has been filed under Section 18 of the Hindu Adoptions and Maintenance Act, 1956. Unlike the provisions of Section 19 of the Hindu Marriage Act, 1955, no specific provision in regard to the court to which a petition shall be presented is made in the Hindu Adoptions and Maintenance Act, 1956. The Court must of necessity fall back upon the provisions of Section 20 of the Code of Civil Procedure, 1908. {Para 4}
5. Though under section 19(1) of the Hindu Marriage Act, 1955, a petition under that Act can be presented inter alia to the District Court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnized, this can be construed to be a legislative recognition of the fact that the place where the marriage was solemnized does constitute a part of the cause of action for the purpose of a matrimonial proceeding under the Hindu Marriage Act, 1955. Undoubtedly, the provisions of Section 19 are applicable only to that Act and cannot be extrapolated to the Hindu Adoptions and Maintenance Act, 1956. Section 19(1) is, however, relevant for the limited purpose of demonstrating that it embodies legislative recognition of the fact that the place where the marriage was solemnized does constitute a part of cause of action, in certain cases.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
D.Y. CHANDRACHUD, J.
Shri. Chandrakant Anandrao Gurav Vs. Sou. Manisha Chandrakant Gurav
Civil Revision Application No.1386 of 2001
23rd April, 2002
